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Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......une 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in resp......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ...... Referred to- Mangi Lal and another Vs. Radha Mohan and another, AIR 1930 (Lah) 599; Haji Ashfaq Ahmed Khan and others Vs. Custodian of Evacuee Property, Pakistan, PLD 1966 (Kar) 597. Lawyers Involved: Abdur Rahman, Advocate ‑ For the Petitioner. MI Faruqui with MA Wahab ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......ncome Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return for the assessment years 1976‑77, 1977‑78 and 1978‑79, claiming deduction of bonus of Tk. 6,39......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......r J Kazi Ebadul Hoque J Commissioner of Taxes Dhaka (South) Zone, Dhaka…………..Applicant Vs. Ujala Match Factory, Shampur……………Respondent. Judgment June 2, 1991. Lawyers Involved: Moksudor Rahman, Advocate – For the Applicant. CR Ali with Abu Bakar, Advo..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lordships entered into dissenting judgment. It is under this circumstances that the matter was placed before the learned Chief Justice for passing an appropriate order and the learned Chief Justice has re...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......isdiction) Present: Syed Fazle Ahmed J Bangladesh ......................... Petitioner Vs. Abdul Wahab & others ...................Opposite Parties Judgment June 3, 1991. Lawyers involved: Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For the Petitioner. M Nurul..Category: Procedural Law | Date: | Hits: 87
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......t AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in possession ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......diction) Present: AM Mahmudur Rahman J Rashid Ahmed................. Petitioner Vs. Abdul Nabi Sawdagar and others.....................Opposite Party Judgment August 14, 1990. Lawyers Involved: Mustafa Niaz Muhammad, Advocate ‑ For the Petitioners. Not represented‑ ..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-interest of opposi...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... Jurisdiction) Present: Md. Badruzzaman J Tajjaternessa...................Petitioner Vs. Md. Suruj Mia and others... ………….Opposite Parties Judgment January 22, 1992. Lawyers Involved: Nowazish Ara Begum, Advocate ‑ For the Petitioner. Amir Hossain, Advocate ..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......ractor the respondent Board took the impugned decision to the effect that no ex‑officer or employees of the Board could directly or indirectly participate in any business of the Board as contractor for construction, repair supply, etc., or to participate in any tender and thereby the petitioner ha...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......mmad Fazlul Karim J Abdul Jalil...............Petitioner Vs. Chairman, Rural Electrification Development Board and others..................Respondents Judgment November 12, 1992. Lawyers Involved: Md. Ashfaqul Islam, Advocate ‑ For the Petitioner. S A M Mahbub Elahi, Adv..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......use why the impugned decision of punishment dated 28.11.89 (Annexure‑I) of the Syndicate of the University of Dhaka imposed upon the petitioner debarring him from appearing at BA (Pass) examination for 3 successive years in addition to the cancellation of the examination concerned as communicated ......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......er, AIR 1961 Allahabad 290; Karamjit Kaur Vs. The Punjab University, AIR 1964 Punjab 327; Board of High School and Intermediate Education, UP Allahabad Vs. Bagleshwar Prasad, 1963 All LJ 676 (SC). Lawyers Involved: SC Das with Subrata Chowdhury, Advocates - For the Petitioner. Shafique Ahme..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......dure. 2. The case of the petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 d......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......(Civil Revisional Jurisdiction) Present: Abdul Hasib J Abdul Jalil Sheik………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ th..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......hat the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record of right and after the death of said Tamizuddin his son Rahamatullah inherited the same and aforesaid Rahamatullah sold these schedule land to Abdul Bari Sowdagar on 9.3.1929. Abdul Bari who su......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ...... Revisional Jurisdiction) Present: Syed Fazle Ahmed J Afzal Meah.................Petitioner Vs. Bazal Ahmed and others.................Opposite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Mo..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-parties’ prayer for amendment of the plaint. 2. plaintiff-opposite-parties No.1 instituted Money Suit No.131 of 1......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......egum and Company Ltd……………………………………Petitioner Vs. Rupali Bank and others………………………………………Opposite Parties Judgment June 12, 1994. Lawyers Involved: Nurul Islam Chowdhury, with Md. Khurshid Alam Khan, Advocates-For the Petitione..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......o.2 as the petitioner earlier filed an application on 3.9.84 under section 95A of the State Acquisition and Tenancy Act read with President’s order No.88 of 1982 and President's order No.24 of 1972 for restoration of the mortgaged land comprising an area of .50 decimals before the Upazila Revenue ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......Respondents
Judgment
June 12, 1991.
Cases Referred to-
Abdul Mannan & others Vs. Kuloda Ranjan Mowali & others, 31 DLR (AD) 195; Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237.
Lawyers Involved:
S R Pal with M Fazlul Karim, Advocates-For the petitioners.
Moulavi Mohammad..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....strates exercising judicial functions shall vest in the President." 48. Thereafter, by a Martial Law dispensation in the year 1978, Article 116 was again amended as it stands today by promulgating Proclamation Order No.7 of 1978. 49. There is no dispute that the original Article 116 enacted in......ng Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without com......f posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President." 48. Thereafter, by a Martial Law dispensation in the year 1978, Article 116 was again amended as it stands today by promu......ia (1979) 3 SCR 1014; Air India Vs. Nergesh Meerza and others, (1981) 4 SCC, 335; Bachan Singh Vs. State of Punjab, (1982) 3 SCC, 24; Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 201. Lawyers Involved: Dr. Kamal Hossain with Amir‑ul Islam, Abdul Baset Majumder, Subrata Chowdhur..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......vil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusing the prayer for status quo. Civil Revision No.1110 of 1974 is pending in the High Court Division which arose out......der Order 1, rule 10 all further proceeding in the suit could be stayed. That was highly irregular but it seems nobody took the trouble of rectifying the wrong, not even the Government. Then came the Martial Law on 24th March, l982. It appears the plaintiff himself filed an application in the High......
Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant
Vs.
Narayan Chandra Swarnakar & others…………..Respondents
Judgment
March 11, 1982.
Lawyers involved:
Hamidul Huq Chowdhury, Senior Advocate with A.Y. Mashihuzzaman, Advocate, instr..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......ashrique Textiles and others...........Respondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal Gobindram Vs. Shamji Kalidas and Co., AIR 1961 SC 1285; PLD 1952 Lahore 565. Lawyers Involved: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Reco..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......f the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from 1st December, 1968 till 3......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......R 695-696 (PC); 14 ITR (Bom) 298; Jamnadas Prabhudas Vs. Commissioner of Income Tax, Bombay City, 20 ITR (1951) 162; S.G. Mercantile Corporation Limited Vs. Commissioner of Income Tax, 83 ITR 700. Lawyers Involved: Syed Muzaffar Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on- ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......ly, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as by purchase in the tenancy in question, whereas the pre-emptees are strangers. The pre-emptees resisted the application for pre-emption contending that they are co-sharers by inheritance and as such the transfer to them ...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ...... Chowdhury J Shahabuddin Ahmed J Abdul Haque Miah and another..……………Appellants Vs. Abdul Rashid & another………………Respondents Judgment November 10, 1982. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Kazi Ebadul Hoq, Advocate-on-Record - F..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......by the Special leave is directed against the judgment and order of the High Court Division in Civil Revision No.1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......and others….......Appellants Vs. Sultan ® Sultan & others..........Respondents Judgment May 5, 1982. Case Referred To- Local Government Code Vs. Arlidge, 1915 AC 120 (at 138). Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Zinnur Ahmed, Advo..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....for special leave to appeal, namely, C.A. No. 90/81, C.A. 34/82, C.P. No. 30 & 31/82, C.P. No. 9/81 and C.P. 68/82 came up for hearing today, a question common to all of them arose in view of the Proclamation of Martial Law on March 24, 1982. The background against which the Proclamation was mad......ate-on Record - For the Respondents (In Civil Petition No. 30 of 1982). Not represented - Respondents (In Civil Petition Nos. 9 of 1981). Civil Appeal No. 90 of 1981 and Civil Petitions for Special Leave to Appeal Nos. 30, 31 and 68 of 1982 and 9 of 1981. Judgment Fazle Munim CJ......e to appeal, namely, C.A. No. 90/81, C.A. 34/82, C.P. No. 30 & 31/82, C.P. No. 9/81 and C.P. 68/82 came up for hearing today, a question common to all of them arose in view of the Proclamation of Martial Law on March 24, 1982. The background against which the Proclamation was made is available f......66 S.C. 1423; Quilter Vs. Mapleson, (1882) 9 Q.B. 672; Sat Vs. Bahal, 53 All 283; Beharilal Vs. Kashari Nandan, A.I.R. 1970 All 201; Dari Kapati Vs. Subbiah, AIR 1957 S.C. 540; AIR 1964 S.C. 489. Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Deputy Attorney-General, instr..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......t and Order passed by the Division Bench of the High Court Division to which a reference was made under section 17(1) of the Sales Tax Act by the Income Tax Appellate Tribunal. 2. Facts necessary for the disposal of the appeal are that the assessee is a firm which crushed Til Oil and the origina......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......mmissioner of Income Tax…………Respondent Judgment March 13, 1978. Case Referred To- The Commissioner of Income Tax, Dacca Zone Vs. Gulistan Cinema Co. (1976) 28 DLR (AD) 14. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Bakkar, Advocate-on-Record - For the App..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......nt passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure. 2....... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......izuddin, 39 Allahabad, 143B; Sankar Vs. Subdrajan, 30 Madras, 535; Mathura Vs. Ram Charan, 37 Allahabad, 208; Dhonai Sikder Vs. Tarak Nath, 12 CLJ, 53; Abdul Jalil Bhuiyan Vs. Majibar, 12 DLR 581. Lawyers Involved: S.R. Paul, Senior Advocate instructed by Abu Bakkar, Advocate-on-Record - For ..Category: Procedural Law | Date: | Hits: 80
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